Police Family Violence Fact Sheet
Two studies have found that at least 40% of police officer families experience domestic violence, (1, 2) in contrast to 10% of families in the general population.(3) A third study of older and more experienced officers found a rate of 24% (4), indicating that domestic violence is 2-4 times more common among police families than American families in general. A police department that has domestic violence offenders among its ranks will not effectively serve and protect victims in the community.5, 6, 7, 8 Moreover, when officers know of domestic violence committed by their colleagues and seek to protect them by covering it up, they expose the department to civil liability.7
Unique Vulnerability Failure of Departmental Policies "Exceedingly Light Discipline" Performance Evaluations Not Affected The LAPD Investigation Legislative Response Lack of Enforcement Undermines Law's Effectiveness Resources Footnotes
Unique Vulnerability
Domestic violence is always a terrible crime, but victims of a police officer are particularly vulnerable because the officer who is abusing them:
has a gun,
knows the location of battered women's shelters, and
knows how to manipulate the system to avoid penalty and/or shift blame to the victim.5, 6
Victims often fear calling the police, because they know the case will be handled by officers who are colleagues and/or friends of their abuser. Victims of police family violence typically fear that the responding officers will side with their abuser and fail to properly investigate or document the crime.5, 7
Failure of Departmental Policies
These suspicions are well founded, as most departments across the country typically handle cases of police family violence informally, often without an official report, investigation, or even check of the victim's safety.5, 8, 9 This "informal" method is often in direct contradiction to legislative mandates and departmental policies regarding the appropriate response to domestic violence crimes. Moreover, a 1994 nationwide survey of 123 police departments documented that almost half (45%) had no specific policy for dealing with officer-involved domestic violence. In that same study:
The most common discipline imposed for a sustained allegation of domestic violence was counseling.
Only 19% of the departments indicated that officers would be terminated after a second sustained allegation of domestic violence.9
A recent study of the D.C. Metropolitan Police Department found inconsistent policies and practices for officers accused of domestic violence, regarding arrests, seizure of firearms, and Employee Assistance treatment.10 There is no reason to believe that the D.C. Metropolitan Police Department is unique in this; rather, this inconsistency is typical for police agencies responding to domestic violence committed by its own members.
Although the International Association of Chiefs of Police have prepared a model policy on police officer-involved domestic violence, there is no evidence that police departments across the country are doing anything other than simply including the policy in their manuals.
Violent Police Officers Receive "Exceedingly Light Discipline"
The reality is that even officers who are found guilty of domestic violence are unlikely to be fired, arrested, or referred for prosecution, raising concern that those who are tasked with enforcing the law cannot effectively police themselves.5, 6, 7 For example:
In 1998-1999, 23 domestic violence complaints were filed against Boston police employees, but none resulted in criminal prosecution.6
The San Diego City Attorney typically prosecutes 92% of the domestic violence cases that are referred, but only 42% of the cases involving a police officer as the perpetrator are prosecuted.11
Between 1990 and 1997, the Los Angles Police Department investigated 227 cases of alleged domestic violence by officers, of which 91 were sustained. Of these 91 allegations that were sustained by the department, only 4 resulted in a criminal conviction. That means that the LAPD itself determined in 91 cases that an officer had committed domestic violence, but only 4 were convicted on a criminal charge. Moreover, of these 4 officers who were convicted on a criminal charge of domestic violence, one was suspended for only 15 days and another had his conviction expunged.12
In fact, an in-depth investigation of the Los Angeles Police Department conducted by the Office of the Inspector General concluded that the discipline imposed on officers found guilty of domestic violence "was exceedingly light when the facts of each incident were examined" (p. i).12
Performance Evaluations Not Affected; Violent Officers Often Promoted
The study of the Los Angeles Police Department further examined the 91 cases in which an allegation of domestic violence was sustained against an officer.
Over three-fourths of the time, this sustained allegation was not mentioned in the officer's performance evaluation.
Twenty-six of these officers (29%) were promoted, including six who were promoted within two years of the incident.
The report concluded that "employees with sustained allegations were neither barred from moving to desired positions nor transferred out of assignments that were inconsistent with the sustained allegation" (p. iii).12
The LAPD Investigation
In 1997, the Los Angeles Office of the Inspector General conducted an investigation of the LAPD after a legal consultant named Bob Mullally leaked shocking LAPD personnel files to the press. These files documented scores of violent domestic crimes committed by LAPD officers. Mullally was so shocked by the LAPD's mishandling of this police family violence that he decided to violate the civil protective order in the case he was working on and turn the files over to the media, in the hopes of creating change in the LAPD.
Rather than reviewing the problem or recommending improvements, the LAPD sued Mullally for leaking the information.
In 2002, after multiple appeals, Mullally was sentenced to 45 days in federal prison. None of the police officers he exposed were ever prosecuted for their crimes, and many continue to serve as gun-carrying LAPD officers. Even the prosecutor in the case stated on record that this sentence was "extreme" for a violation of a civil protective order.
Mullally is the first person in United States history to ever serve a jail term for this type of violation. He served his time in 2003, 6 years after he exposed the files.
The National Center for Women & Policing and the Feminist Majority Foundation have been actively involved in this case, which was featured in 2000 in a 60 Minutes segment with Mike Wallace. For more information on the case or to obtain documents including the amicus brief submitted by the National Center for Women & Policing and the Feminist Majority Foundation, please contact our office at (310)556-2526.
Legislative Response
In 1996, an important federal law was passed, which prohibits individuals -- including police officers -- from owning or using a firearm if they have been convicted of a misdemeanor domestic violence offense (18 U.S.C. § 925).13
This bill was designed to expand the federal law which only barred gun ownership from those convicted of a felony offense.14
A section of the 1994 Crime Bill also prohibits individuals from possessing a firearm while a protective order, restraining order, or harassment order is in effect.15 There is an “official use” exemption, however, that allows police and military personnel who are subject to protective orders to possess their government-issued firearms while on duty. This exemption is in effect unless the protective order specifically states the officer can not carry a weapon at any time (18 U.S.C. § 925).
Lack of Enforcement Undermines Effectiveness of the Law
Unfortunately, an early analysis of the Domestic Violence Gun Ban on police officers shows that law enforcement officers have been able to circumvent the ban and retain their weapons. A 1999 survey of the nation's largest 100 police departments revealed that only six cities acted against officers because of the Domestic Violence Gun Ban and only eleven officers were affected. Part of the reason for the lack of enforcement is that police officers plead to a charge other than domestic violence.16 However, there are also other problems.
First, there is typically no procedure in place to ensure that the courts notify police departments that a court order is in effect against an officer. Most police departments rely on the police officer to personally inform the department of the order, thereby limiting its effectiveness.15
The threat of losing their gun and job can also motivate police officers to work harder to insure that their victims tell no one about the abuse. This can make victims of police family violence even more reluctant to report the crime. 5, 17
Finally, there is evidence that some officers convicted of domestic violence have their records expunged and remain on the department.12, 16, 18, 19, 20
Resources
For more information about police family violence, contact any of the following resources:
Anne O'Dell, STOP Domestic Violence Founded in 1978, LifeSpan is a not-for-profit agency that provides comprehensive services to victims of domestic violence and their children. The Police Domestic Violence Program (known as S.A.B.L.E.) is a unique project that provides specialized counseling, legal, and advocacy services for victims whose abusers are police or other law enforcement personnel. LifeSpan can be reached at online or by calling 1-847-824-4454.
Handbook for VictimsA comprehensive handbook is available for victims of police domestic violence, published by LifeSpan and available at their web site (www.life-span.org) or by calling (847) 824-0382. Copies are also available through Volcano Press at www.volcanopress.com or 1-800-879-879-9636. The handbook costs $6.50.
Abuseofpower is a unique web site devoted to providing resources for victims of domestic violence whose abusers are police officers and firefighters. Content includes tactics of abuse, impact upon victims and their families and friends, dealing with the justice system, and many other topics. The site also addresses the impact on the career of the police officer who is a victim of domestic violence. The website is published by Diane Wetendorf, Inc. Diane is a national expert in this area and longtime advocate for victims of police-perpetrated domestic violence. The Victim Handbook described above is also available for downloading.
Chicago Police Department The Chicago Police Department has taken the lead in implementing progressive policies to handle domestic violence perpetrated by its employees. The department has established an independent unit within the Office of Professional Responsibility to investigate these cases, under civilian leadership. Active outreach is also conducted with families of police officers and an advocate is employed by the department solely to work with spouses of CPD personnel.
Victims of CPD personnel can report domestic violence through a 24-hour complaint desk, and a supervisor is immediately notified of the problem. Free, professional counseling is available for any employee whose abusive behavior comes to the attention of the department, and allegations are thoroughly investigated and referred for prosecution when appropriate. The unit deals with approximately 250 cases of police family violence a year, on a department with approximately 13,5000 sworn personnel. For more information, contact Callie Baird at the Office of Professional Responsibility (312) 747-1591 or Sgt. Judith Martin at the Domestic Violence Program (312) 745-6340.
IACP Model Policy The International Association of Chiefs of Police (IACP) has developed a model policy for police agencies on how to handle cases of domestic violence perpetrated by a police officer. They have also produced a concept and issues paper on the topic. Both can be obtained by contacting the IACP at www.theiacp.org or 1-800-the-iacp (843-4227).
Footnotes
Wednesday, May 13, 2009
Tuesday, May 12, 2009
LITTLE GIRL - NEEDS HELP
From: Petra Luna's War On DOMESTIC VIOLENCE To: Date: May 11, 2009 7:40 PMSubject: THIS LITTLE GIRL NEEDS HELP NOW! PLEASE REPOST THIS!
5 year old little girl, molested 3/4 of her life so far, not receiving help from parents or CPS
This little girl has been drastically let down by her parents, CPS and the detective. The story is real and it is heartbreaking! She needs me, she needs you, she needs all of us... Not just a voice, but a scream to be heard by authorities... she needs help NOW! We can no longer allow the system to betray her. Please join me in the fight to bring this little girl to safety. Help her receive counseling and the love she needs to live a happy life. Please take the time, read and react... A precious little life depends on US... Everybody else has betrayed her. She doesn't even have a Mom or Dad advocating for her.
Here is her story:
Ariana and her Mommy lived with Grandma, while Dad was in Iraq. Dad came home, married someone else. Mommy moved in with a boyfriend, who was mean to Ariana, before she could barely walk.
Bio Dad's in-laws befriended Mom and Ariana. Ariana went to see the in-laws frequently, even spent the night.
At 2 years old, Ariana told of her 9 year old Aunt touching her privates and making her do things.
Mom refused to do anything. She lied to Grandma Michele and said Ariana wasn't going there anymore.
Ariana showed EVERY sign of sexual abuse, except for drug use and being pregnant.
At 4 years old, Ariana tells Mom, Dad, boyfriend, Grandma Michele, her Aunt, Uncle, EVERYONE that Dad's in-laws take pictures of her privates. Since she was 2, this little girl stated videos.com Which just so happens to be an adult site!!!
Nobody would do anything. So Grandma Michele files a report with CPS. Ariana didn't talk in the interview, so her case was dismissed. Are you kidding me, this little girl was scared to death!! Her Mommy and Daddy are not supporting her, she is surrounded by strangers. She gets one interview, case dismissed... What kind of justice is that??????
Photobucket
Next, Ariana tells EVERYBODY that the in-laws put their fingers in her vagina and her butt. Once, again, parents will not do anything. They just keep sending her to the molestors home every other weekend!!!!!! Grandma Michele tries to talk to Mom and boyfriend to make them help her. Nobody would allow Grandma or Ariana to talk. Here is what happened to Grandma:
Photobucket
So, you got it... Grandma Michele calls CPS. She also called the police to file battery charges. Police say, I was on their property... So, he could use force to make me leave. In Indiana, a man beating a woman is ok I guess.
Finally, Ariana acts out on her 2 year old cousin. Grandma, Aunt, Uncle think this is the answer to the prayers... FINALLY this little girl is going to get the help she needs. Ariana's Mom never told the parents. Instead, she sticks Ariana in a corner!!! Poor little Baby, can you imagine how she felt??? This just ripps my heart out. The little boy goes home, tells his Mommy and Daddy that Ariana gives him weewee kisses and puts her finger in his butt.
Caring about their niece, the Aunt files a CPS report, hoping she will finally get help!!!!The cousin has a forensic interview. They hold up a picture of a penis. He clearly states: Ariana plays with that! But, guess what? CPS drops the case AGAIN! Said the little boy didn't clearly state what happened. And, children experiment.
Mom will not allow anybody on Grandma Michele's side of the family to see this little girl. Grandma Michele used to see the girls 3 times a week, Ariana spent the night every other weekend. Now instead, she goes to a molestors home every other Saturday. And people that care about her, the people that have tried to help her, have not seen her for almost 3 months... Including her 90 year old Great Great Grandma!!!!
Photobucket
Please, confirm with Joey, this story is real! Unbelievable, but true!!! Obviously this little girl is in great danger. More than likely still being molested every other weekend. Now, thinking she is all alone, that nobody cares. But WE care!!!
Grandma Michele is in the process of obtaining her Foster License. The last thing this little girl needs is to be placed with strangers... Or worse yet, with the Father that has betrayed her, and takes her to the molestors. Ariana lived with Grandma the 1st 2 years of her life. She visited often, until the CPS reports. They are very close.
Grandma Michele is in the process of hiring an attorney. Show you care... Please send letters of support to the attorney. This little girl needs pulled out of her home, protected and loved. Mommy needs to get help as she is broken herself, Ariana belongs with Grandma, until Mommy can get her act together... And out of what is to believed a violent home.
PLEASE do not just read this and think awwww that is soooo sad. DO SOMETHING!! Her life could very well depend on us. The judge needs to believe 51% that something needs to happen. WE could make the difference. This is our chance to literally change a life. She doesn't have a Mommy or Daddy that cares, they continue to allow her to be molested. But, WE care!!!!!!!!!!!!!!!!!!!!
Send letters to:
michelein09@yahoo.com
5 year old little girl, molested 3/4 of her life so far, not receiving help from parents or CPS
This little girl has been drastically let down by her parents, CPS and the detective. The story is real and it is heartbreaking! She needs me, she needs you, she needs all of us... Not just a voice, but a scream to be heard by authorities... she needs help NOW! We can no longer allow the system to betray her. Please join me in the fight to bring this little girl to safety. Help her receive counseling and the love she needs to live a happy life. Please take the time, read and react... A precious little life depends on US... Everybody else has betrayed her. She doesn't even have a Mom or Dad advocating for her.
Here is her story:
Ariana and her Mommy lived with Grandma, while Dad was in Iraq. Dad came home, married someone else. Mommy moved in with a boyfriend, who was mean to Ariana, before she could barely walk.
Bio Dad's in-laws befriended Mom and Ariana. Ariana went to see the in-laws frequently, even spent the night.
At 2 years old, Ariana told of her 9 year old Aunt touching her privates and making her do things.
Mom refused to do anything. She lied to Grandma Michele and said Ariana wasn't going there anymore.
Ariana showed EVERY sign of sexual abuse, except for drug use and being pregnant.
At 4 years old, Ariana tells Mom, Dad, boyfriend, Grandma Michele, her Aunt, Uncle, EVERYONE that Dad's in-laws take pictures of her privates. Since she was 2, this little girl stated videos.com Which just so happens to be an adult site!!!
Nobody would do anything. So Grandma Michele files a report with CPS. Ariana didn't talk in the interview, so her case was dismissed. Are you kidding me, this little girl was scared to death!! Her Mommy and Daddy are not supporting her, she is surrounded by strangers. She gets one interview, case dismissed... What kind of justice is that??????
Photobucket
Next, Ariana tells EVERYBODY that the in-laws put their fingers in her vagina and her butt. Once, again, parents will not do anything. They just keep sending her to the molestors home every other weekend!!!!!! Grandma Michele tries to talk to Mom and boyfriend to make them help her. Nobody would allow Grandma or Ariana to talk. Here is what happened to Grandma:
Photobucket
So, you got it... Grandma Michele calls CPS. She also called the police to file battery charges. Police say, I was on their property... So, he could use force to make me leave. In Indiana, a man beating a woman is ok I guess.
Finally, Ariana acts out on her 2 year old cousin. Grandma, Aunt, Uncle think this is the answer to the prayers... FINALLY this little girl is going to get the help she needs. Ariana's Mom never told the parents. Instead, she sticks Ariana in a corner!!! Poor little Baby, can you imagine how she felt??? This just ripps my heart out. The little boy goes home, tells his Mommy and Daddy that Ariana gives him weewee kisses and puts her finger in his butt.
Caring about their niece, the Aunt files a CPS report, hoping she will finally get help!!!!The cousin has a forensic interview. They hold up a picture of a penis. He clearly states: Ariana plays with that! But, guess what? CPS drops the case AGAIN! Said the little boy didn't clearly state what happened. And, children experiment.
Mom will not allow anybody on Grandma Michele's side of the family to see this little girl. Grandma Michele used to see the girls 3 times a week, Ariana spent the night every other weekend. Now instead, she goes to a molestors home every other Saturday. And people that care about her, the people that have tried to help her, have not seen her for almost 3 months... Including her 90 year old Great Great Grandma!!!!
Photobucket
Please, confirm with Joey, this story is real! Unbelievable, but true!!! Obviously this little girl is in great danger. More than likely still being molested every other weekend. Now, thinking she is all alone, that nobody cares. But WE care!!!
Grandma Michele is in the process of obtaining her Foster License. The last thing this little girl needs is to be placed with strangers... Or worse yet, with the Father that has betrayed her, and takes her to the molestors. Ariana lived with Grandma the 1st 2 years of her life. She visited often, until the CPS reports. They are very close.
Grandma Michele is in the process of hiring an attorney. Show you care... Please send letters of support to the attorney. This little girl needs pulled out of her home, protected and loved. Mommy needs to get help as she is broken herself, Ariana belongs with Grandma, until Mommy can get her act together... And out of what is to believed a violent home.
PLEASE do not just read this and think awwww that is soooo sad. DO SOMETHING!! Her life could very well depend on us. The judge needs to believe 51% that something needs to happen. WE could make the difference. This is our chance to literally change a life. She doesn't have a Mommy or Daddy that cares, they continue to allow her to be molested. But, WE care!!!!!!!!!!!!!!!!!!!!
Send letters to:
michelein09@yahoo.com
Monday, May 11, 2009
DOMESTIC VIOLENCE CAUSED BY POLICE OFFICERS
International Association of Chiefs of Police
DOMESTIC VIOLENCE BY POLICE OFFICERS
A Policy of the IACP
Police Response to Violence Against Women Project
Effective Date: July 2003
I) PURPOSE
This policy recognizes that the profession of law enforcement is not immune from members committing domestic violence against their intimate partners. The purpose of this policy is to establish procedures for handling acts of domestic violence committed by police officers and for implementing prevention strategies. This policy will provide police executives, officers, and all department employees guidance in addressing incidents where one (or more) party to a reported domestic violence incident is an employee, whether sworn or civilian, of any rank in the department.
II) POLICY STATEMENT
This policy offers a comprehensive, pro-active approach to domestic violence by police department employees with an emphasis on victim safety. It delineates a position of zero tolerance by the department. It is imperative to the integrity of the profession of policing and the sense of trust communities have in their local law enforcement agencies that leaders, through the adoption of clear policies, make a definitive statement that domestic violence will not be tolerated. In the process of implementing this policy, the department should review the records of all employees to determine whether convictions for qualifying misdemeanor crimes of domestic violence *(MCDV) or valid protection orders exist. If an employee is found to have a MCDV or is the subject of a qualifying protection order, department legal counsel and/or city/county attorney shall be consulted immediately regarding continued employment or duty assignment.
Federal law prohibits police officers convicted of qualifying misdemeanor domestic violence crimes from possessing firearms.
Officers found guilty of a qualifying domestic violence crime through criminal proceedings shall be terminated.
*
For the definitions of qualifying misdemeanor crime of domestic violence and qualifying order of protection that trigger federal firearm provisions, see the Concepts and Issues Paper, page 1, section B, Definitions.
III) DEFINITIONS
"Domestic violence" refers to an act or pattern of violence perpetrated by a police officer upon his or her intimate partner not done in defense of self or others, including but not limited to the following:
•
Bodily injury or threat of imminent bodily injury
•
Sexual battery
•
Physical restraint
•
Property crime directed at the victim
•
Stalking
•
Violation of a court order of protection or similar injunction
•
Death threats or death
An "intimate partner" of a police officer is any person who meets one or more of the following criteria:
•
Is or was legally married to the police officer
•
Has a child in common with the police officer
•
Has or had a dating relationship with the police officer
•
Is specified as an intimate partner by state law
•
Is cohabitating or has cohabitated romantically with the police officer
"Protection order" refers to any injunction or other order issued by a court, including criminal or civil orders of protection, regardless of form, content, length, layout, or name (such as stay away, restraining, criminal, and emergency or temporary protection orders or injunctions), issued for the purpose of preventing the following:
•
Violent or threatening acts against another person
•
Stalking or harassment of another person
•
Contact or communication with another person
• Physical proximity to another person
IV) PROCEDURES
While prioritizing the safety of victims, this policy is designed to address prevention through hiring and training practices, provide direction to supervisors for intervention when warning signs of domestic violence are evident, institutionalize a structured response to reported incidents of domestic violence involving officers, and offer direction for conducting the subsequent administrative and criminal investigations. Components of the policy include:
A) Prevention and Training B) Early Warning and Intervention C) Incident Response Protocols D) Victim Safety and Protection
E) Post-Incident Administrative and Criminal Decisions.
A) PREVENTION AND TRAINING The department will adhere to a zero-tolerance policy towards police officer domestic violence and will not tolerate violations of the policy. The department will provide ongoing training to every officer on domestic violence and the zero-tolerance policy throughout all phases of the police officer's career.
1) Prevention Through Collaboration
(a) Through ongoing partnerships with local victim advocacy organizations the department shall develop domestic violence curricula and train officers in order to enhance the officers’/agency’s response to victims.
(b) The department shall provide local domestic violence victim advocacy organizations copies of all domestic violence training curricula, protocols and policies for review and possible revision.
2) Training Topics
Upon implementation of this policy, all officers shall receive comprehensive mandatory instruction covering the following topics:
(a) Understanding Domestic Violence
(b) Departmental Domestic Violence
i. Response Protocol
(c) Warning Signs of Domestic Violence by Officers
(d) Victim Safety
(e) Federal Domestic Violence Laws
(For details on these training topics, see Concepts and Issues Paper, section A) Prevention and Training, #2)
3) Ongoing Training
Departments shall use a variety of training techniques including in-service, roll-call, FTO, ride-alongs, and training bulletins to regularly reinforce standards of effective response protocol.
4) Program Evaluation
To enhance the effectiveness of the training, departments should work with internal or external research resources to evaluate the training and its impact.
B) EARLY WARNING AND INTERVENTION
1) Pre-Hire Screening and Investigation
(a) Certification agencies and/or departments shall conduct thorough background investigations of all potential new employees using address history, driver's record, protection order database and a search on IADLEST.
(b) All candidates shall be asked if they have engaged in or been investigated for domestic violence and asked about any past arrests, suspended sentences, diversion programs, convictions, and protection orders related to elder abuse, child abuse, sexual assault, stalking, or domestic violence.
(c) Those candidates with a history of perpetrating violence (to include: elder abuse, child abuse, sexual assault, stalking, or domestic violence) should be screened out at this point in the hiring process.
(d) Candidates shall be clearly informed of the department's position of zero tolerance concerning domestic violence by officers.
2) Post Conditional Offer of Employment
(a) The psychological screening of all viable candidates will focus on indicators of abusive tendencies in their background.
(b) Departments should strongly consider a no-hire decision in the case of a candidate with tendencies indicative of abusive behavior.
3) Post-Hire Intervention
(a) When new officers are hired, the department shall reach out to their intimate partners/family members to introduce this policy and other relevant department policies.
(b) Departments should engage in periodic outreach to officers and their intimate partners/family members with information on this policy, the point of contact within the department and referrals for local support services.
IACP July 2003 2
4) Department Responsibilities
(a) The department shall develop cross-jurisdictional MOUs to ensure timely notification of an incident involving an officer.
(b) The department shall, either in response to observed warning signs or at the request of an officer, intimate partner, or other family member, provide non-punitive avenues of assistance before an act of domestic violence occurs.
(c) The department shall inform officers of the procedure for seeking confidential referrals, either internally or externally, to confidential counseling services.
(d) A disclosure on the part of any officer, intimate partner or family member to any member of the department that an officer has personally engaged in domestic violence will be treated as an admission or report of a crime and shall be investigated both administratively and criminally.
5) Supervisor Responsibilities
(a) Supervisors shall be cognizant of and document any pattern of abusive behavior potentially indicative of domestic violence including but not limited to the following:
i. Aggressiveness
a. Excessive and/or increased use of force on the job
b. Stalking and inappropriate surveillance activities
c. Unusually high incidences of physical altercations and verbal disputes
d. Citizen and fellow officer complaints of unwarranted aggression and verbal abuse
e. Inappropriate treatment of animals
f. On- or off-duty officer injuries
ii. Domestic violence-related issues
a. Monitoring and controlling any family member or intimate partner through such means as excessive phone calling
b. Stalking any intimate partner or family member
c. Discrediting and/or disparaging an intimate partner
iii. Deteriorating work performance
a. Tardiness
b. Excessive absences
c. Alcohol and drug abuse
(b) When the supervisor notes a pattern of problematic behavior (as detailed above), the supervisor shall:
i. Address the behaviors through a review or other contact with the officer and document all contacts
ii. Forward written reports capturing the behaviors to the chief through the chain of command in a timely manner to determine discipline as warranted
iii. Prepare and submit to the chief a written request for a psychological exam/ counseling by a psychologist/psychiatrist who is knowledgeable about domestic violence.
iv. When warranted, request the chief order an officer to seek assistance from a certified program for batterers, and if such a program is not available, a counselor knowledgeable about domestic violence.
6) Police Officer Responsibilities
(a) Officers are encouraged to take personal responsibility in seeking confidential referrals and assistance from the department to prevent a problem from escalating to the level of criminal conduct against an intimate partner.
(b) Officers who engage in the following actions will be subject to severe discipline up to and including dismissal:
i. Failure to report knowledge of abuse or violence involving a fellow officer
ii. Failure to cooperate with the investigation of a police officer domestic violence case (except in the case where that officer is the victim)
iii. Interference with cases involving themselves or fellow officers
iv. Intimidation/coercion of witnesses or victims (i.e., surveillance, harassment, stalking, threatening, or falsely reporting)
(c) Officers who learn they are the subject of a criminal investigation, regardless of jurisdiction, are required to immediately make a report to their supervisors and provide notice of the court dates, times, appearances, and proceedings. Failure to do so may result in severe discipline up to and including dismissal.
IACP July 2003
DOMESTIC VIOLENCE BY POLICE OFFICERS
A Policy of the IACP
Police Response to Violence Against Women Project
Effective Date: July 2003
I) PURPOSE
This policy recognizes that the profession of law enforcement is not immune from members committing domestic violence against their intimate partners. The purpose of this policy is to establish procedures for handling acts of domestic violence committed by police officers and for implementing prevention strategies. This policy will provide police executives, officers, and all department employees guidance in addressing incidents where one (or more) party to a reported domestic violence incident is an employee, whether sworn or civilian, of any rank in the department.
II) POLICY STATEMENT
This policy offers a comprehensive, pro-active approach to domestic violence by police department employees with an emphasis on victim safety. It delineates a position of zero tolerance by the department. It is imperative to the integrity of the profession of policing and the sense of trust communities have in their local law enforcement agencies that leaders, through the adoption of clear policies, make a definitive statement that domestic violence will not be tolerated. In the process of implementing this policy, the department should review the records of all employees to determine whether convictions for qualifying misdemeanor crimes of domestic violence *(MCDV) or valid protection orders exist. If an employee is found to have a MCDV or is the subject of a qualifying protection order, department legal counsel and/or city/county attorney shall be consulted immediately regarding continued employment or duty assignment.
Federal law prohibits police officers convicted of qualifying misdemeanor domestic violence crimes from possessing firearms.
Officers found guilty of a qualifying domestic violence crime through criminal proceedings shall be terminated.
*
For the definitions of qualifying misdemeanor crime of domestic violence and qualifying order of protection that trigger federal firearm provisions, see the Concepts and Issues Paper, page 1, section B, Definitions.
III) DEFINITIONS
"Domestic violence" refers to an act or pattern of violence perpetrated by a police officer upon his or her intimate partner not done in defense of self or others, including but not limited to the following:
•
Bodily injury or threat of imminent bodily injury
•
Sexual battery
•
Physical restraint
•
Property crime directed at the victim
•
Stalking
•
Violation of a court order of protection or similar injunction
•
Death threats or death
An "intimate partner" of a police officer is any person who meets one or more of the following criteria:
•
Is or was legally married to the police officer
•
Has a child in common with the police officer
•
Has or had a dating relationship with the police officer
•
Is specified as an intimate partner by state law
•
Is cohabitating or has cohabitated romantically with the police officer
"Protection order" refers to any injunction or other order issued by a court, including criminal or civil orders of protection, regardless of form, content, length, layout, or name (such as stay away, restraining, criminal, and emergency or temporary protection orders or injunctions), issued for the purpose of preventing the following:
•
Violent or threatening acts against another person
•
Stalking or harassment of another person
•
Contact or communication with another person
• Physical proximity to another person
IV) PROCEDURES
While prioritizing the safety of victims, this policy is designed to address prevention through hiring and training practices, provide direction to supervisors for intervention when warning signs of domestic violence are evident, institutionalize a structured response to reported incidents of domestic violence involving officers, and offer direction for conducting the subsequent administrative and criminal investigations. Components of the policy include:
A) Prevention and Training B) Early Warning and Intervention C) Incident Response Protocols D) Victim Safety and Protection
E) Post-Incident Administrative and Criminal Decisions.
A) PREVENTION AND TRAINING The department will adhere to a zero-tolerance policy towards police officer domestic violence and will not tolerate violations of the policy. The department will provide ongoing training to every officer on domestic violence and the zero-tolerance policy throughout all phases of the police officer's career.
1) Prevention Through Collaboration
(a) Through ongoing partnerships with local victim advocacy organizations the department shall develop domestic violence curricula and train officers in order to enhance the officers’/agency’s response to victims.
(b) The department shall provide local domestic violence victim advocacy organizations copies of all domestic violence training curricula, protocols and policies for review and possible revision.
2) Training Topics
Upon implementation of this policy, all officers shall receive comprehensive mandatory instruction covering the following topics:
(a) Understanding Domestic Violence
(b) Departmental Domestic Violence
i. Response Protocol
(c) Warning Signs of Domestic Violence by Officers
(d) Victim Safety
(e) Federal Domestic Violence Laws
(For details on these training topics, see Concepts and Issues Paper, section A) Prevention and Training, #2)
3) Ongoing Training
Departments shall use a variety of training techniques including in-service, roll-call, FTO, ride-alongs, and training bulletins to regularly reinforce standards of effective response protocol.
4) Program Evaluation
To enhance the effectiveness of the training, departments should work with internal or external research resources to evaluate the training and its impact.
B) EARLY WARNING AND INTERVENTION
1) Pre-Hire Screening and Investigation
(a) Certification agencies and/or departments shall conduct thorough background investigations of all potential new employees using address history, driver's record, protection order database and a search on IADLEST.
(b) All candidates shall be asked if they have engaged in or been investigated for domestic violence and asked about any past arrests, suspended sentences, diversion programs, convictions, and protection orders related to elder abuse, child abuse, sexual assault, stalking, or domestic violence.
(c) Those candidates with a history of perpetrating violence (to include: elder abuse, child abuse, sexual assault, stalking, or domestic violence) should be screened out at this point in the hiring process.
(d) Candidates shall be clearly informed of the department's position of zero tolerance concerning domestic violence by officers.
2) Post Conditional Offer of Employment
(a) The psychological screening of all viable candidates will focus on indicators of abusive tendencies in their background.
(b) Departments should strongly consider a no-hire decision in the case of a candidate with tendencies indicative of abusive behavior.
3) Post-Hire Intervention
(a) When new officers are hired, the department shall reach out to their intimate partners/family members to introduce this policy and other relevant department policies.
(b) Departments should engage in periodic outreach to officers and their intimate partners/family members with information on this policy, the point of contact within the department and referrals for local support services.
IACP July 2003 2
4) Department Responsibilities
(a) The department shall develop cross-jurisdictional MOUs to ensure timely notification of an incident involving an officer.
(b) The department shall, either in response to observed warning signs or at the request of an officer, intimate partner, or other family member, provide non-punitive avenues of assistance before an act of domestic violence occurs.
(c) The department shall inform officers of the procedure for seeking confidential referrals, either internally or externally, to confidential counseling services.
(d) A disclosure on the part of any officer, intimate partner or family member to any member of the department that an officer has personally engaged in domestic violence will be treated as an admission or report of a crime and shall be investigated both administratively and criminally.
5) Supervisor Responsibilities
(a) Supervisors shall be cognizant of and document any pattern of abusive behavior potentially indicative of domestic violence including but not limited to the following:
i. Aggressiveness
a. Excessive and/or increased use of force on the job
b. Stalking and inappropriate surveillance activities
c. Unusually high incidences of physical altercations and verbal disputes
d. Citizen and fellow officer complaints of unwarranted aggression and verbal abuse
e. Inappropriate treatment of animals
f. On- or off-duty officer injuries
ii. Domestic violence-related issues
a. Monitoring and controlling any family member or intimate partner through such means as excessive phone calling
b. Stalking any intimate partner or family member
c. Discrediting and/or disparaging an intimate partner
iii. Deteriorating work performance
a. Tardiness
b. Excessive absences
c. Alcohol and drug abuse
(b) When the supervisor notes a pattern of problematic behavior (as detailed above), the supervisor shall:
i. Address the behaviors through a review or other contact with the officer and document all contacts
ii. Forward written reports capturing the behaviors to the chief through the chain of command in a timely manner to determine discipline as warranted
iii. Prepare and submit to the chief a written request for a psychological exam/ counseling by a psychologist/psychiatrist who is knowledgeable about domestic violence.
iv. When warranted, request the chief order an officer to seek assistance from a certified program for batterers, and if such a program is not available, a counselor knowledgeable about domestic violence.
6) Police Officer Responsibilities
(a) Officers are encouraged to take personal responsibility in seeking confidential referrals and assistance from the department to prevent a problem from escalating to the level of criminal conduct against an intimate partner.
(b) Officers who engage in the following actions will be subject to severe discipline up to and including dismissal:
i. Failure to report knowledge of abuse or violence involving a fellow officer
ii. Failure to cooperate with the investigation of a police officer domestic violence case (except in the case where that officer is the victim)
iii. Interference with cases involving themselves or fellow officers
iv. Intimidation/coercion of witnesses or victims (i.e., surveillance, harassment, stalking, threatening, or falsely reporting)
(c) Officers who learn they are the subject of a criminal investigation, regardless of jurisdiction, are required to immediately make a report to their supervisors and provide notice of the court dates, times, appearances, and proceedings. Failure to do so may result in severe discipline up to and including dismissal.
IACP July 2003
Sunday, May 3, 2009
DOMESTIC VIOLENCE - POLICE
Code of Silence
When an officer is in trouble on the job or in trouble with his wife or girlfriend at home, he counts on his buddies to cover for him. He gives them a story that explains why he "had to do" whatever he did.
Whether or not they personally condone his behavior, they may rationalize his behavior, saying he was stressed out, under a lot of pressure, or quite simply, that he's only human. They repeat his version of the story and they stick to that version. They put themselves on the line with their fellow officer.
Whether testifying in court or smoothing things out at home, the rules are simple for them:
Say as little as possible.
Answer only the question asked.
Don't give details.
Deny all accusations.
Say "I don't remember, I didn't see that, or I don't know.
When an officer is in trouble on the job or in trouble with his wife or girlfriend at home, he counts on his buddies to cover for him. He gives them a story that explains why he "had to do" whatever he did.
Whether or not they personally condone his behavior, they may rationalize his behavior, saying he was stressed out, under a lot of pressure, or quite simply, that he's only human. They repeat his version of the story and they stick to that version. They put themselves on the line with their fellow officer.
Whether testifying in court or smoothing things out at home, the rules are simple for them:
Say as little as possible.
Answer only the question asked.
Don't give details.
Deny all accusations.
Say "I don't remember, I didn't see that, or I don't know.
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